My question involves court procedures for the state of: Federal
1. What is the penalty for defendant if it did not serve Plaintiff?
Defendant should serve Plaintiff based on Rule 5, even it states in its motion: CERTIFICATE OF SERVICE
This pleading was served on the Plaintiff in compliance with Rule 5 of the Federal Rules of Civil Procedure on xx.xx.xxxx.
2. What is the penalty for defendant if it did not file and serve "A motion to substitute" because transfer of interest?
Defendant sold its business after Plaintiff filed the current case. Defendant did not response the summon after received it 20 days, committed default. Defendant believed an entity (the "Buyer") would response to the suit. And Defendant responded to the Plaintiff's motion for default judgment once it learned the Buyer had failed to timely respond to the Suit. Without any evidence presented to court to show that Defendant did serve the Buyer (who, when, how and prove of Buyer severed and agreement of responsibility, liabilities, obligation), the judge denied my motion of default judgment!